Type Of Residential Barge Stumps Marine Commission

That's the question Virginia Marine Resources Commission members grappled with Tuesday concerning the emergence of a new type of residential barge in Virginia.

The discussion was prompted by Deltaville residents along Broad Creek who were concerned about the floating structures now moored at Bay Marine marina, said Chip Neikirk with the commission's habitat management division. Broad Creek is in the easternmost tip of Middlesex County.

Barry Miller, the marina's owner, recently began selling the Aqualodge, a trademarked name for one brand of the vessels that are "essentially a floating dwelling supported by a fiberglass catamaran hull," Neikirk said.

The structures are marketed under several names, but Miller's operation is the first to catch the commission's eye. While new to Virginia, the structures have greater popularity in western states, where some localities allow floating hotels and even whole floating subdivisions.

Commission members unanimously agreed during Tuesday's meeting to have the the commission Habitat Management Advisory Committee study the issue. Whatever regulations the commission could eventually impose would apply to the vessels' use on state bodies of water.

The 40-by-12-foot Aqualodge vessels include a living area, kitchenette, bathrooms that include a full-sized shower and a 150-gallon sewage holding tank. A loft area allows sleeping for as many as eight people. Steering wheels, motors and fuel tanks are optional, according to the company's Web site.

Of the nine Aqualodges currently moored at Miller's marina, Neikirk told commissioners he saw none with motors, indicating that they "appear to serve primarily as recreational living quarters."

And that leads to the question of how to legally define the vessels. The answer will ultimately define how the vessels can be regulated.

According to Neikirk, the commission has a history of denying encroachments over state-owned waters. That even includes small structures such as sheds or gazebos if they are found to be unnecessary. However, state law provides minimal restrictions on where a boat may be anchored or tied up.

The vessels have a hull and are sold, registered and taxed as boats while meeting Coast Guard approved criteria including running lights and safety packages, Millers said.

"It's new. It scares a lot of people, but it is a boat," Miller said.

Officials from the commission, the Virginia Institute for Marine Science and the Virginia Department of Health are concerned that sewage and gray water discharges may adversely affect water quality, submerged aquatic vegetation and other aquatic habitats.

"If these floating structures are considered boats, staff is concerned there is a potential that the structures could be anchored or moored in locations for an extended period of time, essentially establishing residence over state-owned submerged land," Neikirk said. *